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Matter of Motyl [3d Dept 1999

Appellate Division of the Supreme Court of New York, Third Department
Apr 15, 1999
(N.Y. App. Div. Apr. 15, 1999)

Opinion

April 15, 1999

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 20, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Shirley J. Motyl, Amsterdam, appellant in person.

Dennis M. Loudon, Research Foundation of State University, Albany, for Research Foundation of State University of New York, respondent.

Eliot Spitzer, Attorney-General (Bessie Bazile of counsel), New York City, for Commissioner of Labor, respondent.

Before: MERCURE, J.P., CREW III, PETERS, SPAIN and CARPINELLO, JJ.


MEMORANDUM AND ORDER

At a meeting held July 3, 1997, the employer informed claimant, a part-time secretary, that her employment would be ending on August 31, 1997 due to lack of funding. In addition, the employer also criticized claimant's job performance. Feeling harassed and humiliated due to the employer's criticism of her job performance, claimant submitted a letter of resignation and ceased working on July 8, 1997. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant voluntarily left her employment without cause. While claimant asserts that the criticism from her employer was unjustified, it has been held that criticism from an employer does not necessarily constitute good cause for leaving one's employment, even if the employer is perceived as unduly critical (see, Matter of Grippi [Commissioner of Labor], ___ A.D.2d ___, 684 N.Y.S.2d 666; Matter of Loria [Commissioner of Labor], ___ A.D.2d ___, 679 N.Y.S.2d 204). Under the circumstances presented here, we find no reason to disturb the Board's decision.

Mercure, J.P., Crew III, Peters, Spain and Carpinello, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Motyl [3d Dept 1999

Appellate Division of the Supreme Court of New York, Third Department
Apr 15, 1999
(N.Y. App. Div. Apr. 15, 1999)
Case details for

Matter of Motyl [3d Dept 1999

Case Details

Full title:In the Matter of the Claim of SHIRLEY J. MOTYL, Appellant. RESEARCH…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Apr 15, 1999

Citations

(N.Y. App. Div. Apr. 15, 1999)